Posts Tagged: Marketing

“Buy our beer and we’ll donate $1 to charity.” The ultimate “doing well by doing good.” Many large beer brands see the marketing advantage of asking consumers to buy their product in return for the brand’s donation to charity. For example, since 2011, Corona has donated a portion of the purchase price to the Jimmy V Foundation to help raise money for cancer research and in six years Miller Beer has raised $175,000 through its Tap Into Change program by donating a portion of sales to organizations focusing on LGBTQ issues.

With the increasing popularity of beer tourism and the statistics on brand loyalty (or lack thereof) among craft beer lovers, breweries may be looking for ways to promote their brand and keep their brewery’s name on the lips of consumers. Some have started loyalty programs, while others find alternate fun and distinctive ways to promote their brand. We continue to be amazed by and applaud the craft brew community’s innovative approach to growth and marketing. We encourage you to keep the craft beer community unique, creative and fun. But, sometimes promotions go wrong in unexpected ways that at best are embarrassing, and at worst run afoul of the law.

So let’s start with a recent mistake that led to the risk management guy (your author) getting stopped by TSA on his way home from speaking on that very topic at a national conference. I assume that most of this conference’s attendees flew there. I would also guess that many who flew opted not to check a bag. Those two simple facts were overlooked by at least one conference exhibitor whose good intentions in handing out carabiner key chains and pens went awry. (more…)

Few brewers would dream of serving someone in their brewery or tasting room without checking an ID to ensure that all the craft beer lovers in the room are of legal drinking age. When it comes to their virtual breweries and tasting rooms, however, there appears to be a bit of laxness in ensuring that everyone is age appropriate. The problem with ignoring the age of virtual visitors is that Marketing and Advertising Codes issued by industry associations require age gates for websites and on social media. Age gates are also recommended by the Federal Trade Commission (“FTC”).

Most craft breweries have age gates on their websites, but many are ineffective and fail to meet the Marketing and Advertising Code or the FTC’s recommendations. There are, with some variations, three basic types of age gates for websites. First, there are what I would call passive age gates. These simply state that by viewing the website the viewer agrees or acknowledges that he or she is 21 or older. It is often at the bottom of the page or another location where it is easily missed or ignored. Second, are age gates that require some interaction, but nothing more than a simple click. These have a popup or landing page that ask whether the viewer is at least 21, requiring the user to click on “yes” or “no” to enter the website. Obviously, if the viewer wants to get into the website, he or she will click yes regardless of age. Third, are age gates that actually require the underage user to do some math to gain entry. While a diligent viewer will figure it out, these age gates require a bit more of the user than simply opening the webpage or clicking “yes.” Instead, the user is required to enter his or her date of birth – and that date of birth must be at least 21 years earlier – before gaining access to the website. (more…)

Coming up with the recipe for your new brew is only half the battle, you also have to come up with a creative name and label. While we’ve discussed protecting your brand through trademarks in previous posts, brewers should also be aware of the revised Brewers Association Marketing and Advertising Code. In an article for Craft Brewing Business, attorney Jonathan Dunitz discusses recent amendments to the Code that aim to avoid the use of potentially offensive names and labels and advance the Association’s goal of increasing diversity in the craft beer industry. While the Code’s limitations on offensive content are new, the issue dates back much further with varying viewpoints on the issue. (more…)

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